Hillsboro recorder., 1887-11-10
CLAIMED FOR DEATH.
THE UNITED STATES COURT RE.
FUSES THE ANARCHISTS WRIT.
Preparations In Chicago, Ill.,. for the Execu.
iion-Friends Exclnded From tho Pris-
on-U. y. Troops sent 20 the Scene.

Preparations In Chicago, H.. for the Execu.
tion-Friends Exclnded From tho Pris-
on-U. y. Troops sent 10 the Scene.
Chief Justice Waite, of the United
States Supreme Court announced the de.
cislon in the Chicago Anarchist case, In
along and exhaustive opinion, concluding
as follows: ITO give us jurisdiction un.
der section 700 Of the Revised Statutes,
because of the denial by the State court
Of any title, right, privilege or immunity
claimed under the Constitution, or any
tfetty or statute of the United States, Il
must appear that such title, right, priv
ilege, or immunity was specially set up
or claimed y at the proper time, and in
heproper way. To be renewable, a de.
cision must be against right SO set up
or claimed. As the supreme court of the
State was reviewing the decision Of the
trial court, to make the question review.
able there, it must appear that the claim
was made in that court because the su-
preme court was only authorized to re.
view the judgment Of that court for er.
rors committed there, and we can do no
|
posed by eof the counsel for the petit
TONERS, a question Of waiver Of right
under the Constitution, laws or treaties
Of the United States, but question Of
claim. II not set up or claimed in the
proper court below, the judgment of the
State court in the action is conclusive so
far as the right OF re-, lew is concerned.
The question whether the letter, if OBJ
tanned as claimed, would have been compe-
tent evidence is not before us, and there
fore no foundation is laid under this OBJ
lection for the exercise OF our Jurisdiction.
As to the suggestion by counsel for Pc
titioners Spies and Fielden, that Spies
having been born In Germany, and FIel-
den in Great Britain, they have been de-
MED by the decision Of the court below,
the rights guaranteed to them by treaties
between the United States and their re-
spectiye countries, it is sufficient to say,
that no such questions were made and
decided in either Of the courts below, and
they cannot be raised in this court for the
first time. We have not been referred to
any treaty, neither are we aware Of any,
under which such question could be
raised. Being of the opinion, therefore,
that the Federal questions presented by
counsel for the petitioners, and which
they say they desire 70 argue, are not in
facts involved in the determination Of
the case as il appears on the face Of the
record, we deny the writ
Within fifteen minutes after the decis-
ion Of the U. s. Supreme Court was
known, eight or ten officers in
citizens clothes appeared at the Chicago
jail. Two Of them stepped quickly into
the jail and the others disposed of them
selves in the criminal court building and
about the neighborhood. Without any
previous intimation the rule debarring
visitors from the Jail was quickly put
into effect, and none was allowed to enter
the building during the afternoon, ex-
cept officers, reporters and relatives Of
the anarchists. As soon as the news from
Washington had generally circulated
throughout the city, there was rush Of
miscellaneous people to see the con-
demned men before il was too late. They
entered the sheriff's Office in droves, but
the latch-string had been withdrawn, and
the jail guard was as obdurate as the
prison wardens. Friends Of the doomed
men, bearing baskets Of delicacies for
them. begged admittancc. The dain-
tics were passed IN, but only
relatives gained an entrance.
Said the sheriff: II do not
want 10 make amy fuss about IL, but
the visits of other anarchists have
got To stop. IIcnccforta the doomed
men will not be allowed to have any
mere recreation hours. Personally.
would like 10 grant them all the fayors
could, but don't think 1t would be
wise to do so. II may seem foolish and
perhaps IL is foolish, but don't want
these men 10 cheat the gallows by kill.
ing themselves. Their friends might
give them daggers or poison, and althou b
| know that IL they should want 10 kill
themselves, We would be poweriess 20
prevent Il, still, should notlikc 10 have
Il said that II had attended TO my duty,
the suicides might have been prevented
A significant incident u tue day had its
scene nj police headquarters. The mo.
UifuA MblN VI tuN NtIAaiNIl WIS &ANNNINNAls
Ill the detectives ID the building disap.
pearrd with surprising suddenncss. Il
to what districts or places they were as.
signed, their supcriors were non-commun-
icatiyc when asked. Il Is known, how.
ever, that for some days the men
have had sealed instructions 10
act as soon as the decision was re.
cciycd. eve will not be caught nap
Plug" was all the officers would say.
Two companies Of the 9th U. s. infan.
try have been ordered from Foit Douglass,
Salt Lake City, TO the new military res.
ervation near Chicago. A number Of
other troops will be ordered there for
the present. The troops will be avail
able In case there should be any riots In
Chicago, but Is stated at the War De-
partment at Washington, d. O., that this
u not the primary, cause for ordering
them there.